>> hezcjyc says she and the dri, her nephew were coming back from a party this morning. the driver is in critical condition. the owner of a store located at 21 and south vanness in the mission district. >> the driver i was is in his 20s he was in shock. they pulled him out. >> the accident occurred )s morning when the driver of the black chevy broadsided the white toyota. this neighbor told us it was a loud bang. the chief says officers dropped the driver because they expected he had a gun inside of the car and may have shot his weapon earlier. >> officers were exiting the vehicle reported to have had a firearm in it. shots fired ball. officer as approached the vehicle. the vehicle took off and ran through the next two intersections. >> many in this neighborhood were sad to witness such a

tragedy on the first day of the new year. and again, earlier this morning the suspect, by the way taken to the hospital. he is doing fine. he will be charged, though, i'm told for the death of the people and with possession of a firearm. a gun was found in in a car. live in san francisco, abc 7 news. >> thank you very much. another new year's day tragedy happened during a walk on the beach. coast guard rushed to help a couple and their dog swept into the water. sadly one person did not survive. wayne? >> it's a cold night for beaches. and hi waves. this is the situation out here in point reyes people would see. there is a sign behind us that says dangerous surf, surfing

waiting -- wading and swimming is not advised on a day like this, the most we know is that what seemed to have been a beautiful first day of the year ended with a dij of a man trying to save his wife, then dog from high waves that happened past noon. they were on the beach and admiring the high surf. they battled the waves then, the dog went in to greet the woman.qáñ the dog was swept out to sea. man went after the dog. an eye told zibed what happened next. >> when we arrived, waves were higher and coming quicker. and very, very powerful. >> later, after a long search, rescuers finally did find the remains of the man they brought him in to shore. we zront identity and don't know who he is. nor do we know the woman.

the woman is fine. dog survived. the man, however, did not. very tragic scene here at the beach when we have those identities we'll let you know but that is the latest from point reyes. >> wayne, thank you. >> san francisco police are looking for the shooters injured three people and two separate incidents curing a new yeefr's revelry last night. the first shooting about 10:40. one man wounded there. the suspect about an hour later at pier 23. another man and a 12-year-old boy hit by gunfire. let's go live now to cornell bernard with details. cornell? >> you know, a lot of people came to the water front on new year's eve hoping to see fire works. many heard gunshots. two shootings left a child wounded. this is all happening before midnight. he shows us where two bullet holes shattered glass of his art gallery on new year's eve.

a man was shot in the hand. >> this shouldn't be this way. you know? shouldn't thb way. it's scarey. you know? every day. >> police say the shooter took off, leaving panicked tourists behind. >> instantly, waves of people came running and screaming towards us. kids screaming. gunshots, gunshots. >> 40 minutes later bullets fired into the crowd on the embarcadero in front of pier 23. hitting a 12-year-old boy in the ankle. paramedics took him to the hospital along with jessic aa's brother, danny. >> just loud pops. we weren't sure if it's fire works. it happened close and fast. that everybody just split up and just started to run. >> police believe shootings were random but can't say if they're connected. they've got no suspects and few includes leedz. >> we're asking the public to

please come forward if they do witness anything to insist -- assist us. >> police hope security cameras may have captured the suspect or suspects. we can tell you everyone shot, including that 12-year-old boy, expected to be okay. we're live tonight, abc 7 news. >> thank you. and an investigation is thrway in gilroy into the murder of a 51-year-old man. ples say the man found about 9:30 last night. he had been shot several times, paramedics took him to the hospital. but he died on the way. his identity has in the been released. police trying to track down a dark-colored sedan seen speeding from the scene. a man is in custody suspected of killing two people just hours before skt's new year's fire works show, it started as a fight in a bar about 9:30 last night. an employee tried to break it up. he and another man shot and

killed. that is when an armed guard and gunman got into a shootout, both wound wounded. a police officer grabbed a suspect. police had to call off the city new year's eve party that drew 40,000 people. >> family, friends, supporters gathered in oakland today to mark the 4th anniversary of the shooting death of bart passenger oscar grant. the 22-year-old shot by a bart police officer at the fruit veil station new year's day, 2009. abc 7 news attended the rally and joins us live from oakland. nick? >> good evening, oscar grant was shot and killed at this bart station. i spoke with his mother whork says that losing her son hurts as much today as four years ago. she doesn't believe much changed in the way the world sees young black men. she hopes a new movie will change that.

>> we want the world to fall in love with oscar. >> the 22-year-old grant was shot on this platform new year's eve, 2009. the family held a rally to shed light on the event. >> had it not been for the community on that platform, none of us would know who oscar grant is. >> cell phone video revealed more than the public knew this, video made it's way to you tube. you can see former bart police officer holding grant down on the floor. johannes mehserle testify ed intended to fire his taser. charges of race six were swift. >> this officer got off with murder. he didn't have to go to presidenton. not one day. >> in 2010 a jury cleared mez mez of all charges except

involuntary manslaughter. he was given credit for time served, sparking more charges of racism. >> if you're african american young man, you're already racially profiled. you can see from my son being murdered we didn't receive the same justice other people would have received. >> grant's mother believes hollywood may help to do that. a film set to premier in two weeks focuses on events that led up to the shooting, the death and the dramatic profitest. >> my hope is that people will see the truth. >> this rally was peaceful at the peak there were about 100 people. bart continues to work with the grant family to provide them a safe praise space to have the vigil. nick smith, abc 7 news. >> nick, thank you. >> and there is more still to come on abc 7 news at 6:00. victory never smell sod sweet. highlights, next.

of stanford's first rose bowl begin in four decade autos still waiting for a vote in washington. the house ready to support a deal to avoid going over the fiscal cliff? >> one cold night is coming our way. where we can expect a froze warning and a frost advisory, coming up. >> and exploring exploratorium in finalçuh days and excitement surrounding the new buildin [ woman ] ring. ring. progresso. your new light creamy potato with bacon & cheese soup says it's 100 calories a serving. that's right. in what world do potatoes, bacon and cheese add up to 100 calories? your world. my world. ♪ [ whispers ] real bacon...creamy cheese... [ whispers ] 100 calories...

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cardinals captured their first rose bowl victory since 1972. stanford favored over an 8 and 5 wisconsin team. famous stanford alums on hand. the cardinals dominatesed early. tailer hit from three yards out. the badgers kind of settled in, 19 seconds left in the first half. stanford up, 17-14 at half time. final 30 minutes kind of a struggle. jordan williamson just over four minutes left made it a 20-14 game. wisconsin trying to win it here. a owe 20-14 victory this afternoon at the rose bowl. we've got abc 7 news reporter mike shumann live and he will

join us with his report coming up just a little bit later in sports. >> cardinal fans who couldn't make it had just as much fun in palo alto from the patio sports bar and grill. abc 7 news is joining us now. >> there are sad ones here relishing that win. but just a short time ago the high fives came early and often. cardinals hit the field and +w every move. >> they received a kickoff. you just want to score right away. get them in the hole. waits great. >> this is the piers time in 13 years stanford made a rose bowl appearance. kevin hogan came in on a roll.

the team started the game at six-point favorite. >> they're going to dominate not six points. they're going dominate. >> badgers put up a good fight, giving the brenner family reason to be optimistic. they showed their spirit, only down by three points at half time. >> i'm feel gchlgt i know we're under dog fwhuz is a third time we've been to the rose bowl. i think this year, we'll win. >> there is fans that were eager to see them win. >> i it's just aus yim yim. it's like, good way to start the new year. >> in the end cardinals clinched the first rose bowl victory in 41 years. the celebration son. >> i love it. it came down to fourth quarter. you know? it couldn't have been better. i loved it and it was awesome. feels great, too.

making alumni proud. they tweeted out we came, we shaw, we conquered. let there be roses so ends a fantastic stanford football season. >> you're so right about that. thank you. the stanford band was in pasadena this morning had their own moment in the sun. take a listen the 300 member band performed in the rose parade. you can see the group considers itself more of a rock band.c÷4wf also performing valley christian high school band. they're the ones in blue n red uniforms a chinese band from beijing. today, they performed at east west fusion all star band. the first ever international high school band in the

history of the parade whachl a day. >> two babies born in separate hospitals are laying claim to the title first bay area babies born in 2013. little harley sparks not due until january 3. his mom went into labor yesterday at sutter delta medical center after 12 hourgs, mom's doctor who happens to be her grandmother struggle -- scheduled a c section for the stroke of midnight. >> i delivered all my great grandchildren. so, 10. >> wow. 10 babies born. baby kendall born at alta bay summit medical center just seconds after midnight. her mom says it was close during the pregnancy, she thought she'd miscarried. look at that face. the ultrasound showed the baby was healthy. >> congratulations to all. >> moving on to other news of

the day. crews stopping traffic today. the eucalyptus blocked redwood road. they had to bring in heavy machinery to clear away biggest branches. the tree did not cause damage whit fell. >> and we have started this new year's a little chilly. and it's going get chillier as the night goes on. here is a live view right now from our camera. location westward across the bay. a clear, early evening around the bay area. and rapidly becoming a cold one. you can see we're cloud free and precipitation free. let's move along. down to 39 degrees in fairfield giving you indications of how cold it might be overnight. 46 in santa rosa. 45 in napa. 42 in livermore. temperatures are drop being to

51 degrees in san francisco. these are the forecast features. and sunny day as head through friday. let's talk about the cold snap. freeze warning is in effect during overnight hours for the north bay. freeze damage is possible. now, for bay shore line, in santa clara valley there is a frost advisory in effect from 11:00 p.m. to 9:00 p.m. low temperatures ranging from 30-34 degrees and sensitive outdoor plants are at risk. from exposure to cold air, low temperatures to about 28 in napa tonight. 27 fairfield. 29 livermore. low 30s in many locations. and spare the air alert continues into and through tomorrow.

we've had declining air quality last couple days. right not to burn wood or fire logs during the time of the alertd if you look we can see a center of high pressure that circulation providing with us a pool of cool, dry air. perhaps, we'll remain there longer despite the presence of moisture and clouds off shore, looks like we might not get precipitation out of that. sunny tomorrow, my temperatures in mid 50s. pin anyone slarks mid-50s. 55 palo alto. 56 mountain view. on coast will be cool, 53 will be the high in pacifica. 55 half moon bay. downtown a high of 53 home. -- tomorrow, in santa rosa, calistoga and napa, mid-50s on

the east bay in oakland. union city, fremont and castro valley. inland east bay cooler low to mid-50s there. and down near monterey bay, highs reaching into upper 50s owe almost 60. here is the accu-weather forecast. will be a droi forecast, a dry period of weather throughout saturday sunday a mix of clouds and sun. possibly showers but only a slight chance. milder reaching into the end of the week with highs climbing up near 60 degrees. not a bad first week of 2013. >> thank you up next, san jose mayor seeks a new beginning mayor seeks a new beginning with firstpeople are stuck in very old habits

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we're learning more information about a naked man with a word that held off police for three hours, police identified the man and officers say they first spotted anymore a vehicle after someone reported a the man stripped naked, and yelled that police were going to have to kill him. sky 7 was there when officers fired to get the man to drop the sword but that didn't work. >> he fell down and able to subdue him. get the sword and then, take him into custody. >> the man was treated for injuries and later officers

showed off the sword and the assault weapon in his car. >> the san jose mayor not promising he's done with pension reform as he visited the city fire stations today part of a personal goodwill gesture. the mayor has made it a personal tradition to visit police officers and firefighters on new year's day. 2012 was a stressful time unions pushing lieu to reform police and firefighters pensions. >> you need to have savings that we're implementing in order to be able to fully staff the fire department and police department. we've got to get savings in order to do that. >> the mayor says the city needs to look fr a new grant to keep the fire stations and their current staffing levels. the police and firefighter unioned sued the city. >> online game maker zynga appears to be playing a new game, slashville.

and including it's killing off games including fishville, torestville and mafia wars 2. zynga plans to shift to smart phone and gambling game autos still to come, fiscal cliff is in limbo. the house in debate mode head of another up coming vote. >> a mile high in more ways than one in denver. a law legalizing marijuana mayor takes affect. >> 49ers make a move that could spell the end for 1g@

right now in washington, d.c. the house of rev tips is in session preparing to vote on legislation to keep frus falling off the fiscal cliff. >> mark matthews joins us live now following negotiations tonight. what is the latest? >> house republicans will put the senate version of the fiscal cliff deal up for a vo. sometime within the next 90 minutes or so. foremost of the day, they refused to call fr a vote there. was a lot of hand wringing today, an aid to john boehner described it as universal concern about a lack of spending cuts. the senate deal extends the bush tax cuts for every american making under $100,000 in year -- $400,000 a year, and it extends unemployment

benefits to some two million americans. nancy pelosi sounded hopeful. >> it's a bill that was passed in the united states senate 89-8 tell me when you've had that on a measure as controversial as this. >> pelosi called to put the version on the floor. >> the issue of whether we have an up or down vote shouldn't be a question. shouldn't be a qe. we're told when we -- we would not have any legislative -- legislation until and unless the senate acted. when they did, we'd have a vote. and so, we want to have that vote. >> instead, republicans called for continuing a pay freeze for workers they voted on renaming a post office in massachusetts and another, in wisconsin. the deal was for fail to address spending cuts. >> trillion dollarsqx(ox we sped this year is a trillion dollars that we'll have to

bear for the rest of our lives. >> in fact, the senate deal adds $4 trillion to the debt over 10 years. largely by extending tax cuts to everyone making under 400 grand. the house is going debate nomplt hour and a half. we're expecting a vote between 8 and 8:30 tonight. if it passes, the bill will retroactively undo the tax hikes that went into affect last night at midnight. >> thank you. >> there is another expiring tax cut that will affect everybody in the u.s. regardless of income. abc 7 news shows you how much more you'll pay if a cut is not extended. >> this is like wow. >> we found people this new year's day surprised at mer than a little irritate that had the way it is now their paychecks will likely shrink in 2013. >> is it going to make you think twice about taking a vacation?

>> about doing a lot of things. i've got to be able to figure out how to save money instead of spend money. >> i think everybody, basically, everybody, everybody. >> as it stands, the payroll tax will go back up 2% from 4.2% of the past two years to 6.2%. that means the person with a gross income of $50,000 will pay $1,000 more than last year. >> anything extra, that they take out of the check is going to be painful. because i need everything that is in my paycheck isn't enough already. >> going to have to chaimpkt way i spend and safe. >> the tax will7ks apply to income up to $110,400 meaning it maxes out at $2002.

>> they should increase it because there isn't going to be a perfect chance because people are just starting to get on their feet. >> if it helps prevent my children from having to go without, in the future, and have them worry about you, know, social security running it's beneficial. >> this tax increase is expected to pump $125 million into the federal budget, economists warn we can expect a similar reduction in spending. >> we're following developments on capitol hill right now. at 9:00 and on abc 7 news at 11:00. >> tonight doctors say they're confident secretary of state clinton will make a full

recovery. this is her third night in a new york hospital. she's being treated, there for a blood clot in her head. they say also clinton did not logical damage. the clot resulted in a conkux suffered when she fainted. >> an attorney seeking to sue the state of connecticut on behalf of a 6-year-old survivor of the newtown school massacre has withdrawn the claim. the attorney was w.draw the lawsuit saying he's received new evidence on security at sandy hook elementary school. he claims his client suffered traumaózo=l and injury during tt shooting rampage that killed 20 children and six adults. he initially claimed officials nailed to prevent his client, the young man invfled from for seeable harm. state attorney general says is there no basis to support such a lawsuit. classes resumed for the first time on thursday, in a school building in a neighboring

town. >> colorado's law legalizing recreational use of marijuana is in effect prohibiting public consumption of pot so a new type of business opened at midnight, they're smoke clubs like this one. it's just an indoor place for people to light up when away from home. a representative says it's legal under the law. >> it says you can consume marijuana but not in public this, is private. >> they should regulate like alcohol. this is where you can come, hang ut and smoke instead of drink. >> police say they're waiting for guidance and say the pot club is in violation of law autos same-sex marriage is now the law in another state in the country well. have video of the first couples to get mitched under maryland's law. is sevenbiry couples exchanged

vows. similar ceremonies took place throughout the state. maryland is the first state south of the mason dixon line to allow gay marriage. >> still to come on abc 7 news at 6:00 michael finney on the new rule that's give distressed homeowners a better chance of staying in their homes.

new year going bring new protections for california homeowner autos more on what mortgage holders need to know. >> new rules go affect today give distressed homeowners a better opportunity to negotiate a home loan modification and stay in their homes. the so called homeowner bill of rights prohibits banks from attempting to foreclose at the same time that is negotiating a modification. it creates civil penalties for banks engaging in robo signing or fraudulently signing mortgage documents. home owners would have an opportunity to win civil penalties if n.court if they can prove a bank failed to follow this law, and it would simplify etch yorts to modify a lan. >> these homeowners end up talking to various people. they talk with someone, it's someone different than before. after they have shared circumstances and poured out their hearts.

a. >> is no needed. anyone with questions should only talk to a certified nonprofit housing counselor. their services are completely free. anyone that claims they can help save your home and attempts to charge you should probably be avoided. we have a link to free home counseling services on our web site. just go to abc 7 news.com. you may have heard commercials telling for closed homeowners they can request a review to find any irregularities but now, 14 banks including san francisco based wells fargo are saying those mandatory reviews are taking way too long with too little benefit for homeowners or banks. banks now pushing for a $10 billion settlement in place from z.critics say banks are trying to avoid to unwind their own past wrong doings.

we'll let you know if it occur autos mer new car owners world wide bought the ford focus the auto maker says it will be the world's best selling model when final figures are in. 738,000 focuses were sold through september. ford predicts final figures for the year will show it sold more than two million cars, that would be the second year it sold that many, making it only u.s. auto maker to pass that milestone since 2007. good deal, huh? >> still to come we're going to look back at the rich exploratorium. blp

>> if you'd like to take a look at the exploratorium, you have a chance to do it. it's going reopen so admission at the old building is free for now. dan ashley takes a look back in this assignment 7 report. >> the palace of fine arts built for 1915 exposition. made to look like a ancient ruin with a huge display hall. late yes, it would be reborn as a new museum.

>> a tornado. you helped make a tornado. >> the man with the idea was frank oppenheimer. >> the point to make it possible for people to feel they can understand the world around them. i think a lot of people have given up with that understanding. >> frank died in 1985 but his legacy is alive both in museum, and in documentaries, including one by john elts. he was a pioneer of the hands on museum instead of don't touch me, touching was essential. first it was a hard sell it was a new idea he used to carry an exhibit around to show people what he meant by a science museum exhibit. >> thejl

publicity. these pictures are from a film. c, frank made this one to show how one pendulum will send another into motion. it's part of a must seem mistry. after frank built it he noticed someone made feet to put on:jo the bo

program training science teachers. the museum has done so well, it's outgrown it's birth i place. so it's movering here to pier 15. the massive building renovations is just about finished then taking three and a half months to move in old exhibits. all ready for a grand opening in april. the new space will be but the dream is still flourishing. >> this was founded on a optimism. with the momentum of the exploratorium, i'm not going to stop. >> why not? in san francisco, abc 7 news. >> wow. >> it makes science fun. you know? take the widz kidz there. >> just a great place. all right. last look at weather. >> spencer christian on a

chilly forecast. >> yes. chilly about to turn cold. weem weel look at western skies. you can see a beautiful sunset. we have clear skies right now. you can see on live doppler 7. we're absent of clouds. so let's get down to weather conditions tomorrow, sunny day. cool to mild with highs in the 60s. here in the bay area, after a frigid overnighted to yod we'll see sunny skies tomorrow, high temperatures low to mid-50s. here is the accu-weather forecast. we have mostly dry weather ahead, mainly sunny days. a slight chance of showers sunday, but dry conditions throughout the first week of=x?÷ 2013. overnight, north bay valleys,

low temperatures dropping into 20s. going to be cold. >> will stabilize later. >> yes. thank you. iis wearing her stanford colors today. >> yes. i am. accident sni think not. similar game, different outcome for stanford, highlights, reaction, live

stanford back in the rose bowl today. this, the 99th edition of the grand daddy of them all.

cardinals seeking the first win in 41 years. what a seen. 8-5, tiger, condoleezza rice, marquis running back match up. wildcats formation they want to reverse. a gain of 34, then, another reverse here to kelsey young behind their big offensive lineman. two touchdowns, five place, 79 yards. the badgers hang tough. suddenly there is a 14-7 game. kurt fillins -- phillips on the role hits jordan fredderic. defensive standoff, four and a

half minutes left this, is third down. so jordan william son has to come and hit his second field goal of the game. cot cardinal defense then hold? after losing to wisconsin stanford and david shaw get their pay back this year. 20-14 is the final score. amid the first game frenzy is mike shumann. shu. >> once again, defense came up big for cardinals coming up with that interception late in the game. and i walked off the field with head coach, david shaw. >> feels great. you know? it's still gegt over tño0añ that they could have done better we kept it close and

won at the end.zq>v >> how does it feel to win the rose bowl? >> it's crazy. it's our goal. to win here, i love my teammates. coach and everybody. and i want to thank fans too,. >> defense shot them down. >> you know, we had a 16 round fight going back and forth. you know? >> that is the play of the game. >> yes. yes. >> you've got feel great about that. >> amazing. speechless now. sorry, guys. >> culminating in a victory. couldn't be better. >> these players will remember this, spishlsly seniors. it's been a pleasure to follow this team. i can't wait until next year. reporting live in frth rose bowl, mike shumann, abc 7

sports. >> thank you. >> a lot of fun. >> the biggest hit of the college football season happening the outback bowl between south carolina p michigan. wolverines leading just over eight minutes to go. steve spurrer can't believe the call. come on. order restored right here. vincent smith, take more looks at this. just a sophomore could be the best player in the country that. is, violent, actually. michigan led, 28-27, 15 seconds left. dylan thompson in for an injured conner. south carolina wins it. 33-28. pros, 49ers may have a new kicker in play jfs affidavit

acres missed two more field goals. acres missed on sunday, he's hit on a clearless 69%.i%o in the season, released by redskins after making only 7 of 12 attempts cost baltimore a spot in the last year super bowl. negotiations resume today in efforts to end national hockey league lockout canceling first three months of the season. shark fans really getting anxious for a deal. sor downtown business owner who's lost a ton of revenue. we caught up with sharks defensive today, he was in a youth hockey workout. he's still hoping somehow a deal can get done here. >> it's an ugly business part of it. and it's so close, crazy to think they can't get this done.

we know, it's killing everybody. no good. >> representatives resume negotiations this afternoon. the commissioner says a deal has to be reached by january 11th to ensure a 48 game season. this sports report brought to you by mercedes-benz. >> larry, thank you. join me tonight at 9:00 a new commercial highlight. a problem for apple. how the company once again finds itself staring at the fiscal cliff. and what it means for your tax bill. >> that will do

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this is "jeopardy!" today's contestants are a graphic designer from toronto, canada... ...a law student from cherry hill, new jersey... ...and our returning champion, a high-school social-studies teacher from coral gables, florida... and now here is the host of "jeopardy!" --

alex trebek! thank you, johnny. happy new year to you and to you, too, ladies and gentlemen, and thank you so much for tivo-ing our program so that you could watch it after all of the bowl games today. te, with paula winning her second game. let's hope that we start the new year off in the same manner. andrew and laura, welcome aboard. good luck. here we go -- the jeopardy! round. and these are the categories. first off... of course. how appropriate. each clue will have one word with the british spelling of that word. you have to correct the spelling for us. paula, start. notes from the campaign trail, $200.